The Iowa Supreme Court has overturned the kidnapping conviction of a Dubuque man that was linked to a sexual assault.
Scott Robinson was convicted of first-degree kidnapping and given a life sentence. Court records show Robinson took a woman who had been out drinking with him in October of 2011 back to his apartment, locked the door, took her cellphone and then sexually assaulted her. A neighbor called police after hearing the woman scream.
Robinson appealed saying there was not enough evidence to support the kidnapping conviction. The Iowa Supreme Court agreed — saying the actions supported the crime of sexual assault — but weren’t enough to qualify as a kidnapping.
The court says the evidence offered has to prove that a jury could find beyond a reasonable doubt that the defendant’s confinement of the victim substantially increased the risk of harm, significantly lessened the risk of detection, or significantly facilitated escape.
The Supreme Court says the district court now has the option to sentence Robinson for third-degree sexual abuse, or retry him on a charge of second-degree sexual abuse.
See the complete ruling here: Robinson verdict PDF